2004/2005
Active Members
|
Linda Vincent-Adams |
Stephen “ |
|
Jeff Atkinson |
Letha Martin, Returning member 2003-2004 |
|
Howard “Bud” Bowden |
Sheldon Merchant, Foreman Pro-tem |
|
Carole Hack |
David Meserve |
|
Joseph Haslem |
Phil Saska |
|
Sandra Jonas, Foreman Returning member 2003-2004 |
Andrew Wellborn |
|
Susan Lathrop |
Traci Witry |
|
Raul Macias |
Michelle Zubillaga |
Members not serving at the end of term
Susan Brower
John Murray
Steve Trevino
The Honorable Stephen D. Bradbury
Dear Judge Bradbury;
In compliance with California Penal Code, Section 933, and
with great pride the 2004/2005 Lassen County Grand Jury submits this Final
Report. This report represents the culmination of countless hours of hard work
and dedication by those of us who had the privilege to serve the citizens of
This year’s Lassen County Grand Jury was composed of a
diverse group of your neighbors and peers. We were impaneled
Our experience as Grand Jurors has reinforced our belief in
the Grand Jury system. It is imperative that the public is made aware and
remains confident that its local government representatives are effectively and
efficiently serving the citizens and the taxpayers. We hope that you will find
each of these reports enlightening and interesting as well as inspiring. It is
our hope that the information contained within these reports motivates you to
hold your elected and governing officials accountable. We also hope that you,
the citizens and taxpayers of
We would like to extend a personal thanks to the Superior Court Jury Commissioner, Suzie Faulkner and her co-workers for their continued assistance throughout the year. Thanks should also go to city, county and other department heads that were contacted and graciously took time to answer our questions and explain the areas of their responsibility.
The 2004/2005 Lassen County Grand Jury thanks you, the citizens of this great county for the opportunity to serve you. It has been an education, a privilege and an honor.
Respectfully submitted,
Sandra Jonas, Foreman
2004/2005
Grand Jury History and Function
The first formal Grand Jury was established in 1635 by the Massachusetts Bay Colony which considered cases of murder, robbery, and wife beating. By 1683 Grand Juries in some form were established in all the colonies.
By the end of the Colonial period the Grand Jury had become an indispensable adjunct of government. They proposed new laws, protested against abuses in government and wielded tremendous authority in their power to determine who should and should not face trial.
Originally the Constitution of the
“no person shall be held to answer to a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except for cases arising in the land or naval forces, or in the Militia when in actual service in time of War or public danger…”
Through the adoption of the Fourteenth Amendment in 1868 most of the provisions of the Bill of Rights of the U.S. Constitution have been made applicable to the states. As interpreted by some states, this amendment meant that prosecution of crimes no longer mandated a Grand Jury indictment.
The first California Penal Code
contained statutes providing for a Grand Jury. Early Grand Juries investigated
local prisons, conducted audits of County books, and pursued matters of
community concern. The role of the Grand Jury in
The Grand Jury system in
All of
The Lassen County Grand Jury is a
judicial body of nineteen (19) citizens impaneled to act as a community
“watchdog.” Forty-two states have some
form of Grand Jury however only
The primary function of a Civil Grand Jury is to oversee all aspects of the legislative and administrative departments that make up county, city and special district governments. The Civil Grand Jury has the power to investigate them to ensure that they are efficient, honest, fair and dedicated to serving the public and individual citizens. The Civil Grand Jury is an arm of the court and has subpoena powers.
By law, Grand Jurors may not disclose the evidence obtained in their investigations or reveal the names of complainants or witnesses. Similarly, witnesses are prohibited from disclosing any proceedings of the Grand Jury.
When the investigations are completed, the Grand Jury decides what recommendations should be made to increase efficiency, improve services to the public and save dollars. Departments or agencies may be singled out for special commendation for well managed operations. As with all investigations, it takes 12 votes to release a report to the public. The results of investigations are collected in a Final Report at the expiration of the Grand Jury’s term of office.
The Lassen County Grand Jury report
is distributed to the public and to public officials, Lassen County Times,
KSUE, the Susanville Library, and is available in the Jury Commissioners Office
at
Final Reports

Reason
for Investigation:
§
Penal
Code Section 919 (b) mandates that the Grand Jury “inquire into the condition
and management of all detention facilities within their county.”
Background:
§
The
institution opened in 1963.
The
primary mission of the California Correctional Center (CCC) specified by the
California Legislature is to receive, house and train minimum custody inmates
for placement into one of the
The
secondary mission of the prison is to provide meaningful work assignments for
support of the institution and activity programs for inmates not qualified for
a camp program. An education program provides education leading to the General
Education Degree (GED) certificate. The Lassen housing unit which was not
toured houses approximately 1,000 medium security inmates.
Investigative
Procedures:
Findings:
Annual
operating budget for Fiscal Year (FY) 2003/2004 $111,000,000
Total
employees 1,064
Offender
population 6,207
§
Antelope
Camp
The
Fire Prevention/ Suppression Crews in all camps total approximately 2,000 camp
inmates. They provide 75% of the California Department of Forestry and Fire
Protection resources. The cook crew at the camp provides meals to fire crews
all over
§
Medical
Services
There
are three clinics located within the facility. The Chief Medical Officer
reported that CCC is receiving more and more inmates who are medically unfit
for firefighting and the center is providing care for them. Most of these
inmates are placed in the education program which includes vocational education.
The classes must provide training that leads to productive careers in society.
The
medical facilities were clean and orderly. The center must rely on contracted
pharmacists to fill the 300+ prescriptions per day due to a profound salary
discrepancy. The Jury also noted that there were often 13-19 patients per
registered nurse per shift.
§
Work
Crews
Prior
to
§
Education
The
vocational education programs which continue at CCC include sheet metal, air
conditioning, cabinetry, and auto body. Unfortunately, several programs were
eliminated due to budget cuts and job market limitations including the wild
horse program, shoe repair, and meat cutting. GED preparation is provided as
well as a faith based drug and alcohol program.
The CCC
runs a recycling plant, where inmates separate all the waste from both state
prisons: wood, paper, metals, and food. Inmates crush and bundle items for sale.
Waste food
is sold to a pig farm, and also composted for fertilizer. The fertilizer is
spread on alfalfa fields as part of the liquid waste treatment plant. Both the
alfalfa and excess fertilizer are sold. Inmate firefighter camp crew boots are
also recycled.
In times
of power outages, the institution uses its own generators to produce power. The
excess power created by the generators is sold back to the Plumas-Sierra power
grid.
Commendations:
Recommendations:
§
City
and county departments should work together to contract for work crews.
Response
Required:
None.
Federal Correctional Institution
Herlong
Reason
for Investigation:
Background:
The Federal Correctional Institution (FCI) Herlong is
located in the high desert of northern
The
facility is a medium
security institution housing male inmates with a satellite camp that houses
minimum security male inmates.
Inmates live
in cell-type housing. All inmates are required to work at the institution in a
wide variety of work programs.
Investigative
Procedures:
Findings:
The Grand
Jury observed a nearly empty institution with a relaxed atmosphere. The
facility was clean and orderly. In one of the housing units toured, all 4
televisions were on although no inmates were currently watching them.
FCI Herlong
has improved the designed perimeter of double fences by adding razor wire and
electronic detection systems.
All
inmates without high school diplomas are required to work on completing the
requirements for their GED after work hours.
Inmates
are provided 3 hot meals at a cost of $2.80 a day and have commissary
privileges at their own expense.
§
Total
Inmates in the Federal System: 183,275 Total Inmates at Herlong: 78
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Types of Offenses |
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The Grand Jury observed that metal drain pipes installed on
buildings during construction are now being removed, as the inmates could make
weapons with the pieces of metal.
Cigarette lighters installed on the outside of buildings
must be removed, as the prison is now smoke-free.
Bare soil inside the prison boundaries and outside the
perimeter will undoubtedly be subject to wind erosion.
Conclusions:
FCI
Herlong is a brand new institution run by a small staff, and houses very few
inmates. The institution has been unable to hire enough staff due to the
federal age requirement (under age 37) at time of hire, and due to its location.
Without sufficient staff, inmates will not be sent in.
Commendations:
Recommendations:
Response Required:
None.
Reason
for Investigation:
Investigative
Procedures:
Background:
§
The primary mission of High
Desert State Prison is to provide for the confinement of general population
high security (Level IV) and high-medium security (Level III) inmates.
The institution also serves as a reception center for inmates from
§
Institution
Details
The majority of the
prison's population is comprised of younger males who are serving long
sentences and/or those who have proven to be management problems while in
prison. HDSP offers educational programs and work assignments for those
inmates who are willing to participate.
HDSP has a Correctional
Treatment Center (CTC) to provide for the health care needs of the
inmates. Additionally, HDSP is designed to house inmates with
disabilities who require specialized placement to accommodate accessibility
issues.
§
Institution
Operation
A lethal electrified fence
exists between the outside perimeter fence that appears to provide a secure and
cost effective method of preventing escapes. Two of the prison's 13
towers are staffed on a regular basis to provide armed coverage of pedestrians
and vehicles entering or exiting the prison. The remaining 11 towers can
be staffed quickly in the event of an emergency. All 13 towers have clear
and unobstructed sight of the perimeter fence line as well as the exteriors of
the housing units.
§
Institution
Statistics
|
Number
of custody staff: |
898 |
|
Number
of support services staff: |
400 |
|
Total
number of staff: |
1,298 |
|
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|
Annual
operating budget: |
$137 million |
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Bed Space & Count
March 2005 |
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|
Facility |
Design |
Count |
|
I |
200 |
354 |
|
III |
300 |
709 |
|
IV |
1,516 |
2,844 |
|
Reception |
200 |
372 |
|
Total |
2,444 |
4,598 |
Findings:
When the Grand Jury toured HDSP the institution was in total lockdown. Jury members observed that the facility was well run, appeared to be clean and more than adequate for the housing of inmates. The warden and department supervisors that accompanied us on the tour were obviously proud of their particular areas and their staff.
Though HDSP follows California Department of Corrections procedures and protocols, an area of concern for the Grand Jury is the high quality of medical care provided to inmates. Medical care appears to be much better than the minimal quality needed. Inmates receive access to medical, dental, eye and psychiatric care within 24 hours of requesting services.
Most citizens of this county do not have access to such
a complete array of medical services within 24 hours, at no charge. The Grand
Jury believes that the incarcerated population should receive no better than
the minimum care provided for Medicare/Medical recipients.
The Grand Jury was informed that the institution is required to provide
brand name prescription drugs to the inmate population without a generic drug
alternative.
Commendations:
§ The
warden, support and custody staff at HDSP are
commended for a clean well-run institution again this year. The prison
continues to run in an efficient manner considering budget cuts.
Recommendations:
Response
Required:
None.
Lassen Community
Correctional Facility
Reason
for Investigation:
§
Penal
Code Section 919 (b) mandates that the grand jury “shall inquire into the
condition and management of the public prisons within the county.”
Investigative
Procedures:
Findings:
The Adult
Detention Facility (ADF) opened on
The
California Department of Corrections (CDC) pays
The CDC
employs a Correctional Counselor II at the ADF who is responsible for
maintaining the CDC prisoners’ records and ensuring that they are released on
the calculated parole date. The Counselor also acts as liaison between the
Sheriff’s Office and CDC.
The
existing staff is required to put in a high level of overtime due to the higher
number of Superior Court trials as a result of the increased litigation
conflicts from the public defenders office. The ADF has had to occasionally
operate with only 3 staff which has caused an increase in anxiety and
contributed to staff fatigue. Transportation security has also been affected.
Inmates
attend classes in alcohol/drug diversion and parenting skills which are
available and often required as part of the sentence. State law requires that
inmates be allowed at least 3 hours of recreation outside their cells each
week. Medical services are provided by a local doctor, dental services are
provided by a local dentist, and county inmates can be allowed access to see
their personal care providers at county expense.
State
offenders are housed separately from county inmates in two large dormitories
known as the Community Correctional Facility (CCF). All state inmates are
assigned to work crews, the kitchen and other support areas of the ADF or to
daily classes in education. The medical and dental needs of the state inmates
are provided at either
Commendations:
Recommendations:
Response Required:
None.

Reason
for Investigation:
Investigative
Procedures:
Findings:
The
facility normally houses 12-13 offenders per day at a cost of about $170 per
day.
The
booking room was clean and uncluttered, as was the day room. Males and females
are housed in the same unit in separate cells. The central control room constantly
monitors the resident’s movements. The cells were clean when inspected. Occasionally
18 and 19 year olds are housed at the facility, but they are housed in a
separate unit from those under 18.
The
third and oldest housing unit has been turned into the Juvenile Court but can
house offenders in an emergency.
The
education classroom was spacious and there were five computers in working
condition. The classroom is located adjacent to the outside recreation area.
There were eight students in the classroom who were working on individualized
programs that conform to
Commendations:
Recommendations:
Response
Required:
City Hall

City of
Administration
Reason
for Investigation:
Investigative
Procedures:
Findings:
The City
of
Moss,
Levy & Hartzheim, Certified Public Accountants of Sacramento and Interstate
Gas Services, Inc., of
These
reports also exposed several internal control and accounting errors. These
errors appeared to have been corrected and will hopefully prevent overspending
in the future. It was also noted that although the physical operation of the Natural
Gas system is exemplary that there is a significant gap between gas income and
expenses. This is primarily due to actual connections and usage being
significantly underestimated in order to recover the cost of construction and
make the gas utility self supporting. Corrective measures proposed include a
combination of a significant promotional effort to increase connections, incurring
more debt, and increasing rates.
The cost
of services provided by the city has increased over the years however the city
has not increased charges for these services to keep up with the costs incurred
thus a financial crisis has been created.
Commendations:
Recommendations:
Response
Required:
City of Susanville Finance Department.
City of
City of
Fire Department

City of
Fire Department
Reason
for Investigation:
Background:
In the 1990’s the City of
Investigative Procedures:
Findings:
The City of
The Fire Department accumulates
funds for additional equipment through:
2.
Grant monies to help
subsidize and offset costs to the City
The Fire Department has been
awarded grants for:
1.
FEMA Grant – Fire
Safety Trailer
2.
2 BLM Grants – Quick
Attack Fire Engine
3.
Office of Safety Grant
– Engine 622 with equipment worth $270,000
4.
Submitted a Grant to
FEMA- for a Type 3 Engine
The Fire Department responsibilities
include:
Due to a tight budget the Fire
Battalion and Captain positions are currently frozen. The Fire Department has a
new interagency fire dispatch system: Computer Aided Dispatch (CAD) going in at
this time which is top of the line.
Commendation:
Recommendations:
Response
Required:
None.
City of
Police
Department

City of
Police
Department
Reason
for Investigation:
Investigative
Procedures:
Findings:
Commendations:
Recommendations:
Response
Required:
None.
The Grand Jury recognizes that a conflict of interest may arise in the
course of its investigations. A Grand Juror, who is currently employed by the
Susanville Police Department, voluntarily asked to be recused from all aspects
of this investigation, which included interviews, deliberations, and the making
and acceptance of this report.

Family and Children Protective
Services
Reason
for Investigation:
Investigative
Procedures:
Findings:
The county is required by State and Federal Law to care for
children who have been abused, mistreated or who are at risk of neglect.
Counties are mandated under the California Welfare and Institutions Codes and
the California Department of Social Services to provide vital services for
children and families at risk. Lassen County Family and Children Protective
Services (F&CPS) provides emergency response, family reunification, family
maintenance and permanency planning services.
The State of
F&CPS has improved working relationships with schools,
probation, and the courts in the past year. The focus of F&CPS is now on the family
and re-unification.
F&CPS caseload size is high (30 to 35 cases) per worker
and the supervisor is working to lower it to the state average of 20 cases per
worker. This has been an ongoing problem due to staffing shortage.
As of March 2005 F&CPS has 203 open cases and 108
children in placement. F&CPS has a new computer software program that
addresses the issue of billable hours and sources. The Grand Jury acknowledges
the expressed need for more foster families.
The Grand Jury agrees with the State’s assessment that
Lassen County F&CPS is moving in the right direction for departmental
improvement. The California Department of Social Services (CDSS) has
implemented a new statewide oversight system which ensures all state and county
agencies collaborate on family issues. The expectation is that the activities
contained within
Commendations:
Recommendations:
Response
Required:
Lassen
The Grand Jury recognizes that a conflict of interest may arise in the
course of its investigations. A Grand Juror, who works closely with CPS
families and children voluntarily asked to be recused from all aspects of this
investigation, which included interviews, deliberations, and the making and
acceptance of this report.
Reason
for Investigation:
Investigative
Procedures:
Findings:
Conclusions:
Commendations:
Recommendations:
Response
Required:
None.
Health and
Social Services
Reason
for Investigation:
Investigative
Procedures:
Findings:
Conclusions:
Health
and Social Services has been through many changes of leadership in the past few
years.
Commendations:
The Grand Jury commends Health and Social Services for understanding
a change of public perception was necessary in order to engage families who are
in need of county services.
Recommendations:
Response
Required:
Lassen

Reason
for Investigation:
Investigative
Procedures:
§ The Grand Jury interviewed the Lassen
County Sheriff.
Findings:
Commendations:
Recommendations:
Response
Required:
None.
Reason
for Investigation:
§
Yearly
interview with public officials.
§ Public interest.
Background:
§ The Treasurer/Tax Collector was elected
for a second term and has served since 1999. The Treasurer/Tax Collector is a
Constitutional Agent of the State of
Investigative
Procedures:
Findings:
Collections Function
Commendations:
Recommendations:
None.
Response
Required:
None.


Reason
for Investigation:
§ Follow up from the previous 2003-2004
Grand Jury Report.
§ Public interest.
Background:
During
Fiscal Year (FY) 2004-2005 a new correspondence course program was started with
expectation of increasing full-time equivalent students (FTE’s).
Findings:
With
reform in the prison system there is a push to provide post secondary
education. Studies show that the number of inmates returning to prison is
reduced as their education increases. As
a result in the spring 2005 semester, 6 new correspondence courses were added
to the schedule at
Placement
testing was provided for 220 inmates. The 58 inmates with the highest test
scores started the Liberal Arts degree program. Orientation, intake and
education plans were completed for all 58 students, as with all college
students. The inmates participating have prison terms ranging from 2 years to
life.
At CCC the
inmates meet in the library while at
Correspondence
classes are very labor-intensive for instructors as the only communication is
in writing. Periodically a college instructor travels to the prison to provide
help sessions. A college courier
delivers papers and correspondence twice a week between the two prisons and the
college. The college plans to expand the offerings in the future to the extent
that the costs of textbooks can be covered through external funding sources.
The first
semester correspondence classes’ most of the students were inmates. On campus community
interest, vocational education, and summer camp classes have either been
reduced or eliminated.
Commendations:
§
Lassen
Community College along with High Desert State Prison and the California
Correctional Center are commended for their collaborative efforts in providing
inmate post-secondary education in an attempt to increase FTE’s for the
college.
Recommendations:
Response
Required:
None.

Reason
for Investigation:
§ Follow up from the previous 2003-2004
Grand Jury Report.
§ Public interest.
Background:
§ Attendance for the Regional Occupational
Program (ROP) was incorrectly reported to the state on the 2002/2003 annual
attendance report. Lassen High School (LHS) was overpaid $88,170 Average Daily
Attendance (ADA) from the state. The Superintendent requested a waiver from the
state for the money owed which was subsequently denied.
Investigative
Procedures:
Findings:
§ The Superintendent reported that layoffs would be avoided by reassigning positions.
Conclusions:
The Superintendent’s explanation of cost savings with the reassignment of administrative positions was vague, and never completely clarified. Salary reductions were not being made and there were no layoffs being planned. The Grand Jury believes that without some type of expense reduction from salaries, taking the same sums of money from different funds does not result in a cost savings but is cost shifting. The Superintendent gave the impression of passing the reassignment off as a way to save funds. The LHS restructuring plan of the administration team while it gives the appearance of cost savings is actually shifting job responsibilities to the Superintendent, and to the two Assistant Principals.
Commendations:
Recommendations:
Response
Required:
GRAND JURY
Address:________________________________________________________________
Home Phone:_____________________________________________________________
Work Phone:_____________________________________________________________
Signature:_______________________________________________________________
Person or agency about which the complaint is being made:_____________________________________________________________
Address:________________________________________________________________Phone:__________________________________________________________________
Nature of complaint:_______________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________
What other officials or agencies
have been contacted?:_____________________________________________________
Address:________________________________________________________________
Phone:__________________________________________________________________
Date of contact:___________________________________________________________
Status of complaint:_______________________________________________________ _______________________________________________________________________________________________________________________________________________
Include names of persons or agencies the Grand Jury should contact, with addresses and phone numbers, if possible. Attach copies of all letters and documents to support your complaint. (If necessary, continue on back or an additional page.) You may remain anonymous should you choose to do so, however the Grand Jury is not required to issue a written response in that case.
Mail to: Grand Jury Foreman